IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.30201 of 2026 Arising Out of PS. Case No.-295 Year-2024 Thana- GOPALPUR District- Gopalganj ====================================================== Birbal Chauhan son of Subash Chauhan Resident of Village- Bodha Chhapar PS -Gopalpur Dist- Gopalganj ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Rishi Sinha, Adv. For the Opposite Party/s : Mrs.Pronoti Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 2 08-05-2026 Heard learned counsel for the petitioner and learned APP for the State. 02. In the present case, the petitioner is apprehending his arrest in connection with Gopalpur P.S. Case No. 295 of 2024 registered for the alleged offences under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022 in which cognizance has been taken under Section 30(a) read with Section 32(3) of the Bihar Prohibition and Excise Act, 2016. 03. As per prosecution case, coaccused Guddu Kumar was apprehended driving motorcycle and from search of sack tied on motorcycle recovery of 44.800 litre of country made liquor was made. Petitioner has been made accused in this case as he is the owner of the motorcycle. 04. Learned counsel for the petitioner submits that the Patna High Court CR. MISC. No.30201 of 2026(2) dt.08-05-2026 2/3 petitioner is innocent and has been falsely implicated in this case. He has no concern with the offence of transportation of illicit liquor. The petitioner has given the motorcycle in good faith to one of his co-villagers who misused the motorcycle and used it for ferrying illicit liquor and has been arrested by the police. The arrested coaccused did not even name this petitioner. In these circumstances, no offence under the Bihar Prohibition and Excise Act is made out against the petitioner who is having clean antecedent. 05. Learned A.P.P. for the State opposes the submission made on behalf of the learned counsel for the petitioner. 06. Having regard to the facts and circumstances and submission made on behalf of the parties and considering the fact that no recovery has been shown from the conscious possession of the petitioner and further considering absence of material to show involvement of petitioner and also considering possibility of false accusation, let the petitioner above named, in the event of his arrest or surrender before the court concerned within a period of eight weeks from today, be released on bail, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of Court of learned District & Addl. Sessions Judge-IV-cum-Exclusive Special Excise Court-II, Gopalganj in connection with Gopalpur P.S. Case Patna High Court CR. MISC. No.30201 of 2026(2) dt.08-05-2026 3/3 No. 295 of 2024, subject to the condition laid down under Section 482(2) of the B.N.S.S. and other following conditions: (i) One of the bailors will be a close relative of the petitioner. (ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial court. anuradha/- (Arun Kumar Jha, J) U T